Purnima Roy & Ors vs Oriental Insurance Co. Ltd. & Anr
2023 Latest Caselaw 5632 Cal

28.08.2023                 IN THE HIGH COURT AT CALCUTTA
 Ct. no.654                 CIVIL APPELLATE JURISDICTION
 Sl. Nos.54
     sn                                ,,




                                  F.M.A.T.923 of 2018
                             CAN 1 of 2019(Old CAN 5124/2019)
              ,




                             Purnima Roy & Ors.
                                            Vs.
                           Oriental Insurance Co. Ltd. & Anr.
              ,,




                    Mr. Saidur Rahaman
                                ... for the appellants-claimants
                    Ms. Sayanti Santra
                                ..for the respondent no.1-insurance co.

Let affidavit of service filed on behalf of the

appellants-claimants is taken on record.

In Re: CAN 1 of 2019 (Old CAN 5124 of 2019)

This is an application for condonation of delay in

preferring the appeal.

Mr. Saidur Rahaman, learned advocate for the

appellants-claimants submits that there is nominal delay

of two days in preferring the appeal. He seeks for

condonation of such delay.

Ms. Sayanti Santra, learned advocate for the

respondent no.1-insurance company does not raise any

objection.

As per report of the Additional Stamp Reporter

dated 17th January, 2019, there is delay of 2 days in

preferring the appeal.

The cause shown is sufficient to condone delay of

two days in preferring the appeal. Accordingly, such delay

in preferring the appeal stands condoned.

The application being C.A.N. 1 of 2019 (Old CAN

5124 of 2019) stands disposed of.

Accordingly, the appeal is formally admitted and

registered.

In Re: F.M.A.T. 923 of 2018

This appeal is preferred against the judgment and

award dated 31st May, 2018 passed by the learned Judge,

Motor Accident Claims Tribunal, 1st Court, Jalpaiguri, in

M.A.C. Case No.120 of 2015 under Section 166 of the

Motor Vehicles Act, 1988.

Mr. Rahaman, learned advocate for the appellants-

claimants submits that all the relevant papers are with

him and as such, calling for the lower court records be

dispensed with. He undertakes to prepare informal paper

books. Accordingly, calling for the lower court records

stands dispensed with for the time being.

Learned advocate for the appellants-claimants is

directed to prepare and file requisite numbers of informal

paper books incorporating all relevant papers and

documents including pleading and evidence both, oral

and documentary, in printed, typewritten or cyclostyled

form, within a period of four weeks from date.

Mr. Rahaman, learned advocate for the appellants-

claimants submits for dispensing with service of notice of

appeal upon the respondent no.2, owner of the offending

vehicle, since he did not contest the claim application. It

is found from the impugned judgment and award that the

respondent no.2 did not contest the claim application and

the case has been disposed of ex-parte. In the aforesaid

backdrop, service of notice of appeal upon the respondent

no.2 stands dispensed with.

Since the respondent no.1, insurance company has

already entered appearance, service of notice of appeal

upon the said respondent also stands dispensed with.

Let the matter appear after four weeks under the

heading "Hearing".

(Bivas Pattanayak, J.)